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Dear Client,
While a live-in relationship lacks the legal status and automatic rights of marriage, Indian courts have recognized long-term live-in relationships and provided protections, especially for women and children. Women in live-in relationships can seek protection under the Protection of Women from Domestic Violence Act, 2005 and claim maintenance under Section 125 Cr. PC subject to certain conditions. Even children born out a couple in a long-term live-in relationship have a right to i

Dear Client,
Section 14 of the Hindu Marriage Act states that no one is allowed to file a petition for divorce within one year of their marriage. If you want to file for divorce by mutual consent under Section 13B(1) of the Act, you must have been living separately for at least one year. However, in certain cases, courts may allow a divorce petition to be filed before one year subject to exceptional hardship or depravity including domestic violence, desertion, or incurable physical or mental i

Dear Client,
In the given scenario, the following legal remedies may be pursued to get rid of toxic married life. 1) Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case, then the wife is not entitled to Maintenance

Dear Client,
When the marital relationship between a married couple has completely broken down and become irretrievable and there is no scope of reunion between the parties, the following legal remedies may be pursued to get rid of toxic married life. 1) Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the ot

Dear Client,
After going through the prolong contents of your query, while I sympathisee with your plight, your concern over child custody or visitation rights are responded hereunder. The principle on which custody is decided is the ‘welfare of the child’. Best interests of the child include the child’s emotional, educational, social, and medical needs. Family Court also decides the frequency, place, and duration of such visits. The parent with custodial rights will generally have more p

Dear Client,
The primary consideration for child custody or visitation rights in India is the child's best interests. The first step in seeking custody or visitation of a child is to file a petition in the family/district court where the child resides. The petition can be filed by either parent, grandparents, or any other person who has an interest in the child's welfare. Even if one parent has custody, the other parent will have visitation rights. Under Section 6(a) of the Hindu Minority and G

Dear Client,
In the given scenario, you should immediately file an FIR against your husband for criminal breach of trust and cheating under Sections 316 and 318 of the Bharatiya Naya Sanhita(BNS) at the local police station and additionally file a civil suit seeking an order of injunction on the suit property to prevent him selling/transferring the property to others to deprive you from the claim of maintenance post-decree of divorce. Under Section 12 of the Protection of Women from Domestic Vi

Dear Client,
Section 14 of the Hindu Marriage Act states that no one is allowed to file a petition for divorce within one year of their marriage. Section 13B of the H. M. Act provides for divorce by mutual consent. As per Sec. 13B(1) of HMA, the essential ingredients for filing a mutual consent divorce petition are 1. The parties have been living separately for a period of one year or more. 2. They have not been able to live together. 3. It was mutually agreed that the marriage should be dissol

Dear Client,
Both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and her children, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines with regard to maintenance had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. N

Dear Client,
When a wife files for divorce and his husband filed for Restitution of Conjugal Rights, it can lead to a complex legal situation with several potential consequences. The court will examine the wife's grounds for divorce as well as evaluate the husband's reasons for seeking restitution of conjugal rights. Accordingly, the court's decision will depend on which party's claims are deemed more credible and legally justified. A wife can claim interim maintenance if she has insufficient i